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HomeMy Public PortalAboutZBA Meeting Packet 04/13/21 Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only April 13, 2021 at 7:00 PM This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster- ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Zoom Meeting ID: 880 7666 8068 and Passcode 047258 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://us02web.zoom.us/j/88076668068?pwd=b3lXWnMwM2tybTk4SzlKMk5vT3NTUT09 enter Passcode 047258 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Zoning Board Brian Harrison Chair Arthur Stewart Vice Chair Jeff Carter Patricia Eggers Jeannie Kampas Bruce MacGregor Town Planner Ryan Bennett Senior Department Assistant Ellen Murphy 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Approval of Meeting Minutes: 5. #17-21 Brewster Woods Preservation Associates Limited Partnership Comprehensive Permit (40B). Review and approve an extension of the Comprehensive Permit as an insubstantial modification. 6. Continued Applications: #21-05 Applicant: Byfield Cartway LLC (Represented by Attorney Marian S. Rose ), 79 ByfieldCartway, MAP 50 LOT 6, in the RM zoning district. The applicant seeks a special permit pursuant to MGL c. 40A §10 and Bylaws §179-25B to build a primary dwelling which would be conforming as to setbacks, height and coverage, including relocation of one cottage(which is located within the fifty-foot wetland buffer) to another conforming location on the property outside the buffer area. #21-06 Applicant: 2851 Main Street Holdings LLC (Represented by Ford & Ford Attorneys at Law), 2851 Main Street, MAP 90, LOT 153-0, in the RM zoning district. The applicant seeks a Use Variance pursuant to Bylaws §179-52 to restore the Nickerson House and Barn as an accessory use to the Ocean Edge Resort and Conference Center. #21-12 Applicant: Saumil Patel, 2771 Main Street, Map 90, Lot 99, in the VB zoning district. The applicant seeks a Special Permit pursuant to Bylaws §179-25 (B) to construct an addition to the second floor of the primary mixed-use commercial building matching existing roofline and dormers. #21-09 Applicant: Janet L. Ross & Rick Ross, 31 Robbins Hill Rd, Map 49, Lot 49, in the RM zoning district. The applicants seek a Special Permit pursuant to Bylaws §179-25 to replace and rebuild pre-existing sunroom and deck. #21-10 Applicant: Joshua Schiff, 3038 Main Street, MAP 101, LOT 26, in the RM zoning district. The applicant seeks a Special Permit for a Special Event Venue use under Brewster Zoning Bylaw, Article 20, Section 5, Table of use #16. The CBI Farm is requesting 36 event permits to be held at the Farm for the 2021 season to run June - November. Select Board Mary Chaffee Chair Benjamin deRuyter Vice Chair Cynthia Bingham Clerk David Whitney Edward Chatelain Town Administrator Peter Lombardi Assistant Town Administrators Susan Broderick Donna Kalinick Executive Assistant to the Town Administrator Robin Young 7. Matters Not Reasonable Anticipated by the Chair 8. Next Meeting: May 11, 2021 9. Adjournment Date Posted: Date Revised: Received by Town Clerk: 3/23/2021 Page 1 of 4 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, March 9th, 2021 at 7PM Virtual Meeting Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Bruce MacGregor, Jeff Carter, Patricia Eggers, and Jeannie Kampas, Art Stewart. A quorum was determined. Also present: Benjamin Zehnder (Attorney representing cases #19-37, #20-17, #21-07) Sean Burke (Applicant #21-03), Andrew Singer (Attorney representing case #21-03), Marion S. Rose (Attorney representing cases #21-05, 21-11), Sally Gunning (President of the Brewster Historical Society, Inc.), Ryan Bennett (Town Planner) and Ellen Murphy (Department Assistant). The Chair read the Recording or Taping Notification: This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment or questions to the Zoning Board of Appeals, please email: zbameeting@brewster-ma.gov. Review and Approval of February 9, 2021 minutes A motion was made by Art Stewart to approve the February 9, 2021, meeting minutes, Jeff Carter second the motion, a vote was taken: Brian, Bruce, Jeff, Pat and Jeannie approved the minutes unanimously. Application Review of #19-37, Applicant: 19 Muskrat Lane, LLC. (Represented by Attorney Benjamin Zehnder), Continuance Requested for May 11, 2021. Brian Harrison stated the Applicants are seeking a continuance until the May 11th meeting. He indicated that a waiver was submitted. Art made a motion for Application #19-37 be granted a continuance until the meeting on May 11th, and Jeff second the motion. A vote was taken, the Board unanimously approved the continuance until May 11th meeting. Application Review of #20-17, Applicant: Robert S. Tulloch and J. Bruce MacGregor (Represented by Attorney Benjamin Zehnder) Members present and voting: Brian Harrison, Art Stewart, Jean Kampas, Patricia Eggers, and Jeff Carter. Brian Harrison stated case #20-17 was continued from the December 8th meeting and that the applicant seeks a one-time variance to process existing concrete and screen loam located on the site. He then turned the meeting over to Attorney Ben Zehnder representing the applicants. Attorney Zehnder presented the request stating that the existing concrete and loam piles have been on the premises for many years. He indicated that the materials need to be processed on site. He suggested by processing the materials on site it would reduce the impact of hauling the materials across town for offsite processing and then hauling materials back to the site for storage. He stated that this method would create a significant hardship for the applicant. Attorney Zehnder provided the Board with a copy of the Conservation Commission’s approval of site improvements and a proposed timeline and protocol for the processing of the materials. Attorney Zehnder reviewed the timeline and indicated it would take approximately 7 days to complete the processing of the existing concrete and 3-4 years to complete the screening of the loam. The Board discussed the timeline and protocol for processing the materials. They suggested processing only taken place during business hours (M-F, 9-5), excluding holidays and completed by May 15, 2021, with measures in place for dust control. Screening of loam should not exceed three years but the applicant may apply for an extension if necessary and they continue to operate within the Brewster Zoning Bylaws. Brian asked the Board if they agreed to a temporary variance with limited time and scope. Art made a motion and Pat second the motion Page 2 of 4 a vote was taken, Bruce MacGregor abstained, and the remaining Board members unanimously approved case #20-17. Attorney Zehnder will draft the decision with conditions. Application Review of #21-03, Applicant: Sean M. Burke & Adam P. Burke, Angler’s Cartway (aka 0 Holly avenue Rear), (Represented by Attorney Andrew L. Singer) Members present and voting: Brian Harrison, Arthur Stewart, Bruce MacGregor, Jean Kampas, Jeff Carter. Attorney Andrew Singer introduced himself and addressed the Board by providing the Board with background on the property. He stated the property has been in the applicant’s family for 42 years. He brought the attention of the Board to the materials submitted which included a plot plan, a statement of reasoning and a court case and highlighted the way shown on the plan is labeled as “way to Route 6A which is now known as Angler’s Cartway. He also indicated that Angler’s Cartway currently has two residential parcels. He indicated that neither terms existed when the lot was created in November 1967. He informed the Board that the property lot is either conforming or pre-existing non-conforming because it was determined to be conforming in 1971. He referred to a recent letter from the Building Commissioner and acting as Zoning Enforcement Officer, where it was stated the lot has sufficient area, but questioned the lot frontage, therefore the Building Commissioner determined the lot was not buildable, which is the basis for the appeal. Attorney Singer referenced the Brewster Clark court case of 1994, which is a very similar issue. The Clark court held that the Clark lot was grandfathered from the Zoning by-law and therefore a buildable lot. Attorney Singer stated that in this case the lot is also grandfathered from the Zoning by-laws and considered a buildable lot. The Board discussed the public input received and the discussion from Attorney Singer. The Board concluded that the lot is a pre-existing non- conforming lot and determined that it is buildable. Jeanne Kampas made a motion to grant the appeal of the determination of the Building Commissioner that the lot was not buildable, Bruce MacGregor second the motion. A vote was taken and the Board approved unanimously. Attorney Singer will draft the decision. Application Review of #21-06, Applicant: 2851 Main Street Holdings LLC, (Represented by Ford & Ford Attorneys at Law), Continuance Requested for April 13, 2021. Brian Harrison stated the Applicants are seeking a continuance until the April 13th meeting. Art made a motion for Application #20-06 be granted a continuance until the next meeting on April 13th, and Pat second the motion. A vote was taken, Jeanne Kampas abstained, the remaining Board members approved the continuance until April 13th meeting. Application Review of #21-05, Applicant: Byfield Cartway LLC (Represented by Attorney Marian S. Rose) Brian Harrison stated the Applicants are seeking a continuance until the April 13th meeting. Art made a motion for Application #20-05 be granted a continuance until the next meeting on April 13th, and Pat second the motion. A vote was taken, the Board unanimously approved the continuance until April 13th meeting. Application Review of #21-07, Applicant: Dale Bangma,(Represented by Attorney Benjamin E. Zehnder) Brian Harrison turned the meeting over to Attorney Ben Zehnder who is representing the applicants. Attorney Zehnder requested the Board allow the applicant to withdraw the application without prejudice. Jeanne made a motion to withdraw the application without prejudice, Pat second the motion. A vote was taken, the Board unanimously approved to withdraw the application without prejudice. Application Review of #21-08, Applicant: Brewster Historical Society, Inc. (Represented by Sally Gunning) Sally Gunning introduced herself and provided an overview of the application. She informed the Board that the applicant would like to hold a farmer’s market on 13 dates, starting June 23rd thru September 8th on Wednesday from 3pm to 6 pm. She indicated they reserved dates in case of inclement weather up to the Harvest Market on October 10th but only a total of 13 markets would be held. Brian read language provided by Town Council related to the Covid 19 State of Emergency. Brian opened for questions from the Board, there being none he asked for a motion to accept public input, Art made a motion to open to public input, Page 3 of 4 Pat second the motion, all approved. Ryan Bennett informed the Board there was not public input. Pat made a motion to close to public input, Art second the motion a vote was taken and the Board approved unanimously. Art made a motion to approve application 21-08 for 13 farmer’s markets as presented, Jeff second the motion, a vote was taken and approved unanimously by the Board. Application Review of #21-09, Applicant: Janet L. Ross & Rick Ross (Represented by Rick Ross) Brian Harrison stated the Applicants request but after 3 attempts the applicants were unable to appear due to technical difficulties. Given that Brian suggested case #21-09 be continued until the next meeting on April 13th. Pat made a motion to continue #21-09, Jeff second the motion. A vote was taken and approved unanimously by the Board. Ryan Bennett will follow up with the applicant to ensure connectivity at the next meeting. Application Review of #21-10, Applicant: Joshua Schiff Brian Harrison introduced Josh Schiff from The Chatham Bars Inn Farm (The Farm). Also present was Gary Thulander and Anthony Cole from The Chatham Bars Inn Farm. Gary Thulander and Josh Schiff provided an overview of the application and background. They informed the Board that The Farm has successfully operated for the past seven years and has held events for the past two years. He indicated that they were increasing the number of events requested from May through November to make up for the events lost in the previous year due to Covid 19 and the increasing demand for outside venues due to Covid 19. They presented The Farm as a unique opportunity to provide farm to table public and private events. The Board discussed ticketing events for the public and accessible restroom facilities. There being no more discussion, Pat made a motion to open to public input and Jeff second the motion. A vote was unanimously approved to open to public input. Fran Schofield and Paul Berry as abutters read a letter to the Board in opposition to the application stating noise and increased number of events. Gary Thulander indicated that the average number of guests at The Farm dinners was between 30 and 50 but the majority of the dinners are small and they follow the regulations of the town. He also indicated that they have never had any complaints from neighbors in the past for any of their events. Hal Levine an abutter spoke on behalf of the applicant stating he has not experienced any disturbances in the past years. Gary Thulander suggested some improvements to the location of the dinners that would reduce any noise. The Board suggested a continuance in order to work with the abutter who has opposed the application. The applicant agreed to working with the opposed abutter on possible concessions. Pat made a motion to continue application 21-10 to the April 13th meeting, Bruce second the motion, a vote was taken and the Board unanimously approve. Application Review of #21-11, Applicant: Thomas R. Meyer and Susan E. Meyer (Represented by Attorney Marian Rose) Members present and voting: Arthur Stewart, Patricia Eggers, Jean Kampas, Bruce MacGregor, and Jeff Carter. Marian Rose provided an overview of the Applicant’s request. She referred to the plans and pictures provided in the meeting packet and stated that project has been approved by the Conservation Committee as written in the Department Comments. Brian asked for a motion to open to public input, Pat made the motion and Jean second the motion, all approved. There being no additional public input, Pat made a motion to close to public input, Art second it, all approved to close to public input. Brian asked the Board how they would like to proceed, the Board indicated the applicants met the requirement for special permit. A motion was made to grant a special permit for Application 21-11 by Jeff and Pat second the motion, a vote was taken and the Board approved unanimously to grant a special permit. Marian Rose will draft the decision. Application Review of #21-12, Applicant: Saumil Patel Brian Harrison stated the Applicant is seeking a continuance until the April 13th meeting. Pat made a motion for Application 21-12 be granted a continuance until the next meeting on April 13th, 2021, Bruce second the motion. A vote was taken, the Board members unanimously approved the continuance until April 13th meeting. Page 4 of 4 Matters Not Reasonably Anticipated by the Chair: Nothing additional to discuss The next meeting of the Brewster Zoning Board of Appeals is scheduled for April 13th, 2021. Pat made a motion to adjourn the meeting, Art second the motion, the vote was taken and the Board unanimously voted to adjourn. Vote: 6-0-0. Meeting adjourned at 9:46 pm. #17-21 Applicant: Brewster Woods Preservation Associates Limited Partnership #21-05 Applicant: Byfield Cartway LLC Represented by Attorney Marian S. Rose 1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _____ www.singer-law.com Myer R. Singer (1938-2020) April 6, 2021 Via E-Mail Brewster Board of Appeals 2198 Main Street Brewster, MA 02631 Re: 79 Byfield Cartway, Brewster (ZBA Case #21-05) Dear Members of the Board, We are writing to forward a revised proposed conditions site plan in support of the relief originally requested before the Board in the above-referenced Application heard before the Board that has been continued to April 13, 2021 or, in the alternative, to suggest an amendment to the Application. In response to the questions and concerns raised by the Board, the Applicants have revised the site plan and moved “Cottage 1” which was located within the fifty to one-hundred foot buffer zone north of the proposed primary dwelling to a location south of the proposed primary dwelling. This location has been reviewed by the Conservation Commission and it is anticipated to be formally approved on April 13, 2021. The Old King’s Highway Committee has also reviewed and approved the plan to move the Cottage 1 and to construct the proposed primary dwelling. The Applicants’ request for relief, namely the expansion of a pre-existing nonconforming multi- family use from a three-family use to a four-family use is a request authorized by the Brewster By-Law Section 179-25B. When determining whether this extended nonconforming use is substantially more detrimental to the neighborhood than the existing use, there are numerous factors to consider. The Applicants submit that the size of the property at hand, 128,020 square feet of upland; the modest nature of the existing cottages and proposed primary structure (only 5.09 % coverage where the Applicants could build 2 dwellings covering 25% of the property by right; the screening provided; and both the support of abutting neighbors and lack of opposition all speak to the lack of substantial detrimental impact on neighboring properties. The Applicants respectfully urge the Board to further consider the uniqueness of the Property when considering whether adding one modern dwelling and retaining the existing cottages would be of detriment to the neighborhood. The cottages have been modest rental cottages for over 100 years with generations of families returning year after year. The Applicants have maintained the modest, Cape cottage community by choice and have resisted opting for what one might consider the most economically advantageous use of the property: subdividing and/or building two dwellings covering 25% 2 of the buildable upland as could be done by right. The Applicants’ family has owned the Property since 1962 and each year has struggled to cover taxes and costs, last year paying $31,000 in property taxes. Reducing the rental properties by one will further test the economic viability of the traditional cape cottage community. The modest cottages are, the Applicants assert, a real benefit to the neighborhood, and their potential replacement by larger, more modern structures would be a detriment both to the families who have enjoyed renting them summer after summer and the neighborhood as well. Members of the Board requested that research be done to determine whether an extension of a multi-family use has been interpreted to include the construction of an additional dwelling in the Town of Brewster or elsewhere. We have researched the issue and were unable to uncover a case in which that specific issue was addressed. That being said, the Brewster Building Inspector has confirmed that relief for such an extended use could be requested by an application for a special permit to be granted by the Zoning Board of Appeals under the Brewster Zoning By-Law. Notwithstanding the forgoing, if the Board finds that the extension of use would be substantially more detrimental to the neighborhood, the Applicants by this letter, request that an alternative relief be considered. The Applicants would thereby revise their application to request that the Board to consider approving the three-family use, albeit reconfigured, to remain as shown on the submitted revised proposed conditions site plan. Under this alternative request for relief, the Applicants propose to remove a kitchen from one of the pre-existing nonconforming cottages (Cottage 2 on Proposed Conditions Site Plan), relocate Cottage 1 to a conforming location out of the one-hundred-foot buffer and construct a new third primary dwelling, conforming as to coverage and setbacks on the Property. Under the amended proposal, three dwellings would remain as a pre-existing nonconforming use. In addition, Cottage 2 would be retained as an accessory structure. Building coverage would remain unchanged at a conforming 5.07% where 25% is allowed. Thank you for your consideration of the Applicants’ revised site plan and alternative proposal. Very truly yours, Marian S. Rose Marian S. Rose Andrew L. Singer Andrew L. Singer y Application # E.wsTF Town of Brewster 3 os a n Historic District Committee Fee : $ lot4$4 art% $ 2198 Main Street Brewster, Massachusetts 0263148980 .Date 508 ) 896-3701 Ext . 1125 PaidYa Fax ( 508 ) 896 -8089 4'cRPoaA y Email : building@brewster- ma . gov Check # L alq I1111itI111U1\\\\\\\\\ O LMap Lot lU Certificate of Appropriateness Please read reverse side for requirements) Address of Proposed Work Owner's Name LL Telephone # 6`18) Owner's Mailing Address t L Agent or Contractor C S t elephone # 011 Agent's Address f t V Agent/Contractor E- Mail k SW i Please check categories that apply: Exterior Building Construction Indicate Building Type Exterior Structure New Building House Painting Fence Addition Garage Wall Alteration Commercial Shed Other Other Briefly describe proposed work (and complete attached Specification Sheet) : tr Applicant' s Signature This Certificate is hereby AT 0 Date Signed Cert.ofAppropriatenessPagel Application # Specification Sheet Please complete only those portions which apply to your application) Foundation Type ZLL Amount Visible Le not to exceed 18 Siding Amount Visible Ukv Type t Exposure Color Trim Size of Cornerboards W Size of Casings ( 1x4 minimum) Rakes A ZC4, 15t Member JX 2 ,d Member Depth of Overhang ti61 t Colors ) i+i Windows Type Manufacturers Provide Spec Sheet) Grilles or true divide Size yIdVLtoFS Color Skylights Type Manufacturer Size Color Roof Pitch ( 7 pitch minimum) Material Exposure Color 0s Fencing * Type Height All stockade type fencing must have "good" side Color facing out. chimney Type Size Color Deck Material roo dt color Railing Material rC. t color t Shutters Material Color I Garage Doors (s) Size of Opening Style Provide Spec Sheet) Color Manufacturer l ( 3 Gutters Type STY t Color Over 4 Cert.ofAppropriatenessPage3 Specification Sheet — Page 2 Storm Windows Material Color Door Provide Spec Sheet) Entry Doors Type Front Front & Side Provide Spec Sheet)Side other Manufacturer Size Color Attic/Roof Gable Louver, Ridge Vent, Etc . ) Venting Landscaping Plans Driveway 3NX r Type of Steps Exterior Fuel Tank Screening NA Other 1 I Cert.ofAppropriatenessPage4 p3 3 Sara Provos From : STEVEN BERGQUIST < stevenabergquist@comcast . net > Sent. Thursday, March 25 , 2021 1 : 59 PM To. Sara Provos Subject. Re : 79 Byfield Cartway I agree On 03 /25/2021 1 : 56 PM Sara Provos <sprovos@brewster-ma . gov> wrote : HI 3 - 21 - 79 79 Byfield Cartway, Map 50 Lot 6 Single Family Dwelling I Steven Bergquist voted in the affirmative at the March 22 , 2021 OKHRHDC hearing . Please accept this notice as having affixed my signature to application H - 3 - 21 - 79 Signed , Steven Bergquist / esignature i i 1 1 i i a I 1 Sara Provos From : carol appleton < carolappleton8000@gmail , com > Sent : Friday, March 26, 2021 9 : 52 AM To : Sara Provos Subject : Re : 79 Byfield Cartway I accept the above statement as true . Carol Appleton On Thu, Mar 25 , 2021 at 1 : 55 PM Sara Provos <.rovosbrewster-ma . gov> wrote : r W3 - 21 - 79 i 79 Byfield Cartway, Map 50 Lot 6 i Single Family Dwelling I Carol Appleton voted in the affirmative at the March 22 , 2021 OKHRHDC hearing . j Please accept this notice as having affixed my signature to application H - 3 - 21 - 79 i Signed , I Carol Appleton / esignature i i t i I l i 1 1 Sara Provos From : Georges COMCAST < georgecarey3@comcast , net > Sent. Thursday, March 25, 2021 3 :44 PM To : Sara Provos Subject : Re: 79 Byfield Cartway I confirm Sent from my Wad On Mar 25, 2021, at 1 : 56 PM , Sara Provos <sprovos@brewster- ma , gov> wrote : 3 - 21 - 79 79 Byfield Cartway, Map 50 Lot 6 Single Family Dwelling I George Carey voted in the affirmative at the March 22 , 2021 OKHRHDC hearing . Please accept this notice as having affixed my signature to application H - 3 - 21 - 79 Signed , George Carey / esignature I j r #21-06 Applicant: 2851 Main Street Holdings LLC Represented by Ford & Ford Attorneys at Law #21-12 Applicant: Saumil Patel No Additional Materials submitted #21-09 Applicant: Janet L. Ross & Rick Ross No Additional Materials submitted #21-10 Applicant: Joshua Schiff 1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _____ www.singer-law.com Myer R. Singer (1938-2020) April 6, 2021 Via E-Mail Brewster Board of Appeals 2198 Main Street Brewster, MA 02631 Re: Chatham Bars Inn Farm (ZBA Case #21-10) 3038 Main Street, Brewster (the “Property”) Dear Members of the Board, I am writing on behalf of the Applicant in the above-referenced matter to submit the supplemental information below and attached in connection with the continued hearing on April 13, 2021. The attached include a revised Special Events Description/Proposed Conditions List, a Special Events Detail Write-up, and photographs from Farm to Table events in 2020. The following is a link to a video showcasing the special events at the Farm on both the middle and upper fields from 2019 and 2020: https://vimeo.com/533677182/f28fa776dc. The Applicant’s goal has always been to be transparent with both the Town and its neighbors. The attached provide additional detail and clarification on the proposal. The proposed, weather-dependent special events are accessory, but necessary, to the principal farm use of the Property. Accessory though they be, they are also integral to the Applicant’s continued efforts to make the Farm sustainable and economically viable. The new conditions proposed are designed to be respectful of the neighborhood and to provide the Town assurance that this will be the case in a manner that is both measurable and enforceable. The Board of Appeals is specifically charged with reviewing and approving such requests when there will be more than five such events in a given year. This proposal is not to create an adjunct wedding venue site to the Chatham Bars Inn as was alleged at the previous meeting with the Board by a neighbor. In fact, of the proposed thirty-six events stretched over the seventh-month 2021 season, only one will be a small wedding, and the Applicant is willing to not have any weddings at the property in following seasons. The Farm will not be advertised on the Inn’s website as a function venue. This is an accessory use contemplated by the Zoning By-Law, not a principal, commercial activity. The Applicant has consistently attempted to be a good neighbor with all abutters. For example, on August 3, 2018, Mr. Thulander sent a letter to thirteen Property abutters notifying them of an upcoming event in late September. The letter included the following language: “Due to your close proximity to the Farm, we would like to make you aware of the event itself and let you know that approval was granted by the Town of Brewster to hold this event. We will do everything possible to 2 minimize the impact of the activities on your neighborhood. If you require further information, please call me at 508-945-6700.” In addition, Mr. Thulander sent a letter dated August 28, 2018, to several of the neighbors introducing himself and inviting them to the Farm as his guest for an upcoming Farm-to- Table dinner in mid-September of that year. During prior years, the Applicant had never received a call or learned of any complaints regarding the seasonal events. Following the recent meeting with the Board when the Applicant first learned that a neighbor had previously-undisclosed concerns about the proposal, Mr. Thulander immediately reached out several times attempting to speak and offer to meet with Ms. Schofield and Mr. Berry. I have since also spoken and communicated with their attorney, Ben Zehnder, and shared the revised materials. The Applicant has made concessions, proposed conditions, and made attempts to try and reach an accommodation with their neighbor. The Applicant has also reached out to other neighbors to further explain the proposal and learn of any concerns or questions. The Farm manager and the Managing Director of CBI will both make their personal cell phone numbers available to the neighbors in case there are ever any concerns or questions. The Applicant believes that the Farm is an asset to the Town, but it needs to be economically viable to survive. In its first six years, it has not been. This proposal, with conditions, will enable it to be remain sustainable. To reiterate the proposed conditions contained in the attached, they are as follows, and the Applicant requests that the Board include these in its decision if voting to approve the request: 1. A minimum of 50% of the seasonal events shall take place in the middle field location; 2. There shall be no music before and after the events themselves; 3. Any small Bluetooth speakers for background music at an event shall be placed facing away from the western property line and into the Property and will comply with the Brewster Noise By-Law; 4. The 150 hydrangeas that have been planted and a to-be-relocated flower patch along the neighbors’ entire property boundary shall be maintained and replaced if any plants die; and 5. The seasonal, accessory, special event use shall account for no more than 45% of the total, annual Farm Property revenues. This proposal is integral to the economic viability of the Farm, is in line with the special permit process established by the Town, and is worthy of approval with proposed conditions. Thank you for your continued consideration of the Applicant’s proposal. Very truly yours, Andrew L. Singer Andrew L. Singer ALS/A Attachments 1 Chatham Bars Inn Farm 2021 Seasonal Special Events • May 13th at 5:30pm to 8:30pm we have a Farm to Table dinner taking place on the middle field for no more than 40 people. These are all guests of CBI. The event is not open to the public. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • May 19th at 5:00pm to 8:30pm we have a Farm to Table dinner taking place on the middle field for no more than 25 people. These are all guests of CBI. The event is not open to the public. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • May 27th at 5:30pm to 8:30pm we have a Farm to Table dinner taking place on the middle field for approximately 50 people. These are all guests of CBI. The event is not open to the public. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • June 5th at 4:00pm to 9:00pm we have a wedding taking place on the upper field for approximately 70 people. This event is not open to the public. They will be using a small Bluetooth speaker for background music. There will be a dedicated individual who will be monitoring sounds for the duration of the event to ensure compliance with the Brewster Noise By-Law. They have selected a family style Farm to Table dinner menu. The group will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. ▪ Wedding Timeline: • 4:00pm-4:30pm – Ceremony (middle field) • 4:30pm – 5:30pm – Cocktail Hour (Upper Field) • 5:30pm – 7:30pm – Dinner (Upper Field) • 7:30pm – 9:00pm – Mingling/Drinks/ Games (upper Field) • June 26th at 5:00pm to 9:0pm we have a Farm to Table dinner taking place on the upper field for approximately 75 people. These are all guests of CBI. This event is not open to the public. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • June 29th at 4:30pm to 9:00pm we have Farm to Table dinner taking place on the middle field for approximately 30 people. These are all guests of CBI. This event is not open to the public. The group will be using a small Bluetooth speaker for light background music. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. 2 • July 8th at 6:30pm to 8:30pm we have a rehearsal dinner taking place on the middle field for approximately 40 people. This event is not open to the public. The dinner will have one musician playing acoustic guitar for the duration of event. They have selected a family style Farm to Table dinner menu. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • July 9th at 4:30pm to 9:00pm we have a rehearsal dinner taking place on the upper field for approximately 40 people. This event is not open to the public. The wedding will have a small Bluetooth speaker to play music. They have selected a family style Farm to Table dinner menu. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • July 14th at 6:00pm to 9:00pm we have a Farm to Table dinner taking place on the middle field for approximately 40 people. These are all guests of CBI. This event is not open to the public. They have selected a family style Farm to Table dinner menu. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • July 15th at 5:30pm to 8:30pm we have a CBI Farm to Table dinner taking place on the upper field for approximately 100 people. This event is open to the public. The menu will consist of a 4-course family style Farm to Table dinner menu. We will be using a small Bluetooth speaker to play light background music. Guests will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • July 19th at 5:30pm to 8:30pm we have a Farm to Table dinner taking place on the middle field for approximately 34 people. These are all guests of CBI. This event is not open to the public. They have selected a family style Farm to Table dinner menu. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • July 22nd at 5:30pm to 8:30pm we have a CBI Farm to Table dinner taking place on the upper field for approximately 100 people. This event is open to the public. The menu will consist of a 4-course family style Farm to Table dinner menu. We will be using a small Bluetooth speaker to play light background music. Guests will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • July 29th at 5:30pm to 8:30pm we have a CBI Farm to Table dinner taking place on the upper field for approximately 100 people. This event is open to the public. The menu will consist of a 4-course family style Farm to Table dinner menu. We will be using a small Bluetooth speaker to play light background music. Guests will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. 3 • July 31st at 5:30pm to 8:30pm we have a Farm to Table dinner taking place on the middle field for approximately 50 people. These are all guests of CBI. This event is not open to the public. They have selected a family style Farm to Table dinner menu. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • August 5th at 5:30pm to 8:30pm we have a CBI Farm to Table dinner taking place on the upper field for approximately 100 people. This event is open to the public. The menu will consist of a 4-course family style Farm to Table dinner menu. We will be using a small Bluetooth speaker to play light background music. Guests will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • August 12th at 5:30pm to 8:30pm we have a CBI Farm to Table dinner taking place on the upper field for approximately 100 people. This event is open to the public. The menu will consist of a 4-course family style Farm to Table dinner menu. We will be using a Bluetooth speaker to play light background music. Guests will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • August 18th at 6:00pm to 9:00pm we have a Farm to Table dinner taking place on the middle field for approximately 20 people. These are all guests of CBI. This event is not open to the public. They have selected a family style Farm to Table dinner menu. The group will be using a small Bluetooth speaker to play light background music. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • August 19th at 5:30pm to 8:30pm we have a CBI Farm to Table dinner taking place on the upper field for approximately 100 people. This event is open to the public. The menu will consist of a 4-course family style Farm to Table dinner. We will be using a small Bluetooth speaker to play light background music. Guests will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • August 21st at 5:30pm to 9:00pm we have a birthday dinner taking place on the middle field for approximately 30 people. This event is not open to the public. They will be using a small Bluetooth speaker to play background music. They have selected a family style four course Farm to Table dinner menu. Group will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • August 26th at 5:30pm to 8:30pm we have a CBI Farm to Table dinner taking place on the upper field for approximately 100 people. This event is open to the public. The menu will consist of a 4-course family style Farm to Table dinner. We will be using a small Bluetooth speaker to play light background music. Guests will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. 4 • September 2nd at 5:30pm to 8:30pm we have a CBI Farm to Table dinner taking place on the upper field for approximately 100 people. This event is open to the public. The menu will consist of a 4- course family style Farm to Table dinner menu. We will be using a small Bluetooth speaker to play light background music. Guests will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. • September 10th at 4:30pm to 8:30pm we have a rehearsal dinner for 30 people taking place on the upper field. A welcome reception will follow dinner with a total of 100 people on a flow. Please see timeline below. This event is not open to the public. They will be using a small Bluetooth speaker to play music. They have selected a family style four course Farm to Table dinner menu. Group will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. ▪ 4:00pm - 4:30pm – Cocktail Hour (Upper Field) 30 people ▪ 4:30pm – 6:30pm – Dinner (upper field) 30 people ▪ 6:30pm – 8:30pm – Welcome Reception (Upper Field) 100 people ▪ September 18th at 5:30pm to 8:30pm we have a Farm to Table dinner taking place on the middle field for approximately 50 people. These are all guests of CBI. This event is not open to the public. They have selected a family style Farm to Table dinner menu. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. ▪ October 6th at 5:00pm to 9:00pm we have a Farm to Table dinner taking place on the middle field for approximately 40 people. These are all guests of CBI. This event is not open to the public. They have selected a family style Farm to table dinner menu. Group will be using a small Bluetooth speaker to play light background music. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. ▪ October 7th at 5:30pm to 9:00pm we have a Farm to Table dinner taking place on the middle field for approximately 50 people. These are all guests of CBI. This event is not open to the public. They have selected a family style Farm to Table dinner menu. They will be dining at Farm tables following MA State guidelines with no more than 6 people per table. Each farm table will be spaced 6ft apart from one another. ▪ Two open-house community events (Spring and Fall). Town of Brewster Board of Appeals (April, 2021) Applicant: Chatham Bars Inn Farm (CBI Operations LLC) Property: 3038 Main Street, Brewster, MA Proposal/Conditions. The Applicant is requesting a 2021 Special Event Venue Special Permit to hold a maximum of thirty-six (36), weather-dependent events spread over a seven-month period from May to November on the Farm Property. This includes thirty-three Farm to Table dinners, one wedding, and two community open houses. • This limited special event proposal is an accessory, yet vital component, for the financial viability of the principal farm use at the Property, and the Applicant proposes as a condition that such event use at the Property shall account for no more than 45% of the total, annual Farm Property revenues. Each event spotlights produce grown at the Farm with both educational and experiential components. • As proposed, the currently scheduled events are shown on the attached Event Write-Up. Additional events potentially up to the maximum requested will be scheduled to accommodate guests as Covid restrictions are relaxed for outdoor activity. • For 2021, thirty-three (33) of the events will be farm-to-table dinners, of which twenty-five (25) will be private events with generally between 30-60 guests and eight (8) events that will be open to the public with up to 100 guests. Two (2) events will be free, drop-in, public open house events during the daytime between 10:00 a.m. and 5:00 p.m. with no more than 100 people at given time. One (1) event only for 2021 will be a wedding with seventy (70) guests with background music. All events comply with Covid-19 restrictions and guidelines. • As during the past two years, hours of operation for the evening events will be 4:00 p.m. – 10:00 p.m., inclusive of set-up before and break-down after events. Please see attached sheets for further detail on many of the events. The Applicant proposes as a condition that there shall be no music before and after the events themselves. Guests at the events are generally onsite from 5:00 p.m. to 9:00 p.m. The Applicant shall comply with the Brewster Noise By-Law and not allow plainly audible noise at a distance of 150 feet from the site of the special event. In addition, any Bluetooth speakers for background music for an event shall be placed facing away from the western property line and into the Property. • There are two event locations on the Farm property, one in the center and one in the northwest. The Applicant proposes as a condition that a minimum of 50% of the events shall take place in the center location farthest away from all neighbors. • The Applicant has planted 150 hydrangeas and a to-be-relocated flower patch along the neighbor’s entire property line to provide improved screening and aesthetics. • The Applicant has consistently reached out to its neighbors to invite them to Farm events and to distribute free produce and to keep lines of communication open. Several neighbors are either writing letters of support or will attend the hearing to testify in favor of the proposal. The Applicant has not received any complaints during prior years. The Applicant’s goal is to be a good neighbor with all abutters and welcomes calls with any concerns or issues that may arise.